JUVENILE DELINQUENCY “The State recognizes the vital role of the youth in nation building and shall promote

and protect their physical, moral,

spiritual, intellectual and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public
and civic affairs. (Article II, Section 13, Phil. Constitution)”.

The context of the fundamental law has clearly stated the indispensable role of the youth towards a healthier development of the country.
The 1897 Constitutional commission however put an intense care and value on the hopes of our fatherland commanding the state to shield the
interest of young men and not to consent them in becoming a menace of the society.

What is Juvenile Delinquency? Juvenile delinquency refers to the criminal acts performed by juveniles. Most legal systems prescribe specific
procedures for dealing with juveniles, such as juvenile detention centers. Youth crime is an aspect of crime which receives great attention from
news media and politicians.

Who is a Delinquent? A juvenile delinquent is one who repeatedly commits crime; however these juveniles could most have mental
disorders/behavioral issues such as schizophrenia, post-traumatic stress disorder or bipolar disorder.

What is Deviant Behavior? Deviant behavior refers to a behavior that does not conform to norms. These are behaviors that in some ways do
not meet with the expectations of a group or of a society as a whole. Although this may sound to be a simple description of what deviant
behavior is, understanding what could constitute specific types of deviant behavior faces many problems and ambiguities. It is therefore
important to consider which are complex and may be complicated to understand. The following may help us understand our consideration of
what deviant behavior is:

1. In terms of Time. The meaning of deviance changes through the years. For example, it is socially unacceptable to see girls drinking beer or
teenagers and women smoking, all these are not heavily considered as deviant behaviors.

2. Terms of Place or Geography. Being deviant varies according to geographic area. Open prostitution for example is deviant in the Philippines
but not in some countries. Some countries have open “red light districts” where customers can have their choices.

Juvenile Delinquency as Male Phenomenon Youth crime is disproportionately committed by young men. Feminist theorists and others have
examined why this is the case. One suggestion is the ideas of masculinity make young men more likely to offend. Being tough, powerful,
aggressive, daring, and competitive may be a way for young men to express their masculinity. Acting out these ideals may make young men
more likely to engage in antisocial behavior. As well as biological or psychological factors, the way young men are treated by their parents may
make them more susceptible to offending. Adolescent males who possess a certain type of variation in a specific gene are more likely to flock to
delinquent peers.

Risk Factors

1. Individual Risk Factors. Individual psychological or behavioral risk factors that may make offending more likely include intelligence,
impulsiveness or the inability to delay gratification, aggression, empathy, and restlessness. Children with low intelligence are likely to do worse
in school. This may increase the chances of offending because low educational attainment, a low attachment to school, and low educational
aspirations are all risk factors for offending in themselves. Children who perform poorly at school are also likely to taunt, which is also linked to
offending. Impulsiveness is seen by some as the key aspect of a child’s personality that predicts offending. However, it is not clear whether these
aspects of personality are a result of deficits in the executive functions of the brain or a result of parental influences or other social factors.

2. Family Environment. “One reason there are so many juvenile delinquents today is that their parents didn’t burn their britches behind them.”

Children brought up by lone parents are more likely to start offending than those who live with two natural parents. Conflict between a child’s
parents is also much more closely linked to offending than being raised by a lone parent. If a child has low parental supervision they are much
likely to offend.

Family factor; and their influence on the offending child include the following:

a. the level of parental supervision.

b. parental conflict or separations.
c. parental abuse or neglect.
d. the way parents discipline a child.
e. criminal parents or siblings.
f. the quality of the relationship.

HISTORICAL BACKGROUND OF JUVENILE DELINQUENCY AND JUVENILE JUSTICE SYSTEM

Code of Hammurabi. The first comprehensive description of a system used by society to regulate behavior and at the same time punish those
who disobey the rules. The main principle of this Code was that: “the strong shall not injure the weak”. It established a social order based on
individual rights. It is the origin of the legal principle of lex talionis, that is, an eye for an eye. In 1641 the General Court of Massachusetts
passed the Stubborn Child Law, which stated that children who disobeyed their parents could be put to death. Stubborn child law was based on
the Puritans' belief that unacknowledged social evils would bring the wrath of God down upon the entire colony. The Puritans believed that they
had no choice but to respond to juvenile misbehavior in a strict and calculated way, on the other hand, puritans believed children were born
sinful and should submit to adult authority and hard labor. In 1646 the Virginia General Assembly passed a law to prevent “Sloth and Idleness”.

American Postcolonial Patterns of Delinquency

Once children had become special, new “Children Only” laws were passed. There was an increasing demand for the state to take responsibility
for improving the lives of children and eventually new regulations such as child labor laws were enacted.

In 1916, US Congress passed the Keating-Owen Act, the first piece of child labor in America. Though it was overturned after 2 years through the
case of Hammer V. Dagenhart, it did law the groundwork for the passage in 1938 of the Fair labor Standards Act. Moreover today every state
has established its own child labor laws.

The middle of the 19th century also included child-saving movement. Concerned citizens eventually formed a social activist group called Child
Savers, who believed that “children were born good and became bad”. Juvenile children were blamed for bad environments. The best way to
save children was to get them out of bad homes and placed in good ones.

It was in the political climate that the doctrine Parens Patriae was created and it became s significant influence on the development of juvenile
justice which came from the Feudal Period of England. Parens Patriae is the right and responsibility of the government to take care of minors
and others who cannot legally take care of themselves.

In 1818 a committee reports listed “juvenile delinquency” as a major cause of pauperism, the first public recognition of the term juvenile
delinquency. In 1899 the Illinois legislature passed a law establishing a juvenile court that became the cornerstone for juvenile justice
throughout the US. The first juvenile courts functioned as administrative agencies of the circuit or district courts and were mandated as such by
legislative action. The vision of the child savers and the founders of the juvenile court was to rehabilitative the ideal of reforming children
instead of punishing them. Probation, according to the 1899 Illinois Juvenile Court Act was to have both an investigative and a rehabilitative
function.

In the first quarter of the 20th century, the Progressives further developed the medical model established by the Illinois Court Act, viewing
crime as a disease that could be treated and cured by social intervention.

The Historical and Philosophical Roots of the Juvenile Delinquency System are:

1. stressing the social contact

2. the prevention of crimes

3. the need to make any punishment fit the crime committed.

Four Ds of juvenile justice during the last half of the 20th century are:

1. deinstitutionalization

2. Diversion

3. Due process

4. Decriminalization

Although diversion was heralded by many, it also had some negative aspects. Many youngsters who earlier would have been simply
released were instead being referred to the new system of diversionary programs that have sprung up. This process is referred to as the net of
widening. Many of the diversionary programs is referred to as net widening. Many of the diversionary programs have achieved success.

Three factors that have been traced earlier as youth services programs are:

1. the police-based nature of the program

2. the use of counseling in a law enforcement setting

3. the skills approach and treatment

House of Correction for Juvenile Delinquents

1.Bridewells – it was the first house of corrections in England. They confined both children and adults considered to be idle and disorderly. As
time progressed, conditions in the Bridewells and other places of confinement became so deplorable that several individuals demanded reform.
2.Hospice of San Michele (Saint Michael) - this was established in 1704.John Howard a reformer brought to England from Rome a model of the
first institution for treating juvenile offenders. He was often thought of as the father of prison reform.

3.House of Refuge – situated in New York in 1825. It was opened to house juvenile delinquents who were defined in its charter as “youths
convicted of criminal offenses or found in vagrancy”. By the middle of the 19th century, many stated either built reform schools that emphasized
formal schooling, but they also retained large workshops and continued the contract system of labor.